JAGJEEVAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition is directed against the order dated 25.10.90 Judicial Magistrate No. 3, Ajmer, in criminal case No. 2004/86.

(2.) The facts of the case are that the petitioner is facing trial in the aforesaid court of the learned Magistrate under section 16/54 of the Rajasthan Excise Act. Two witnesses, namely, Himmat Singh and Navratan Mal were examined by the prosecution but they could not be cross-examined as the learned counsel for the petitioner was held up in a Sessions trial. Thereafter, the statement of the accused was recorded under section 313 Crimial P.C. At the stage of production of defence evidence, the petitioner moved an application in the Trial Court under Sec. 243(2) Crimial P.C. with a prayer to call the prosecution witnesses, Himmat Singh and Navratan Mal for cross-examination as they could not be cross-examined at the earlier stage for the reasons mentioned above. The learned Trial Court rejected the said application simply on the ground that the counsel for the petitioner and the accused petitioner himself had an opportunity to cross-examine the witnesses at the earlier stage. but they did not cross-examine, as such the witnesses cannot be recalled for cross-examination.

(3.) Aggrieved against the said order, the present petition has been filed. Sec. 243 Crimial P.C. can be reproduced as under for the sake of convenience:-